Massachusetts Criminal Defense Lawyer

Massachusetts has one statewide Trial Court made up of seven departments. Criminal cases are heard mainly in three of them: the District Court, the Boston Municipal Court, and the Superior Court. Appeals go to the Appeals Court and the Supreme Judicial Court.

Federal cases are heard in the U.S. District Court for the District of Massachusetts. Federal appeals go to the U.S. Court of Appeals for the First Circuit.

Which court finishes your case matters. The District Court and the Boston Municipal Court can finish misdemeanors and the felonies within their jurisdiction. A more serious felony is indicted by a grand jury and moved to the Superior Court, where state prison sentences are available and the case moves more slowly.

Federal cases follow different rules on detention, pleas and sentencing. Our federal criminal defense page explains how they work.

Massachusetts sorts crimes by the possible sentence. Under M.G.L. c. 274, § 1, a crime punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors. That line decides which court can finish the case and whether a dangerousness hearing is available.

Most cases begin in the District Court or the Boston Municipal Court with an application for a criminal complaint. Serious cases may be presented to a grand jury. If the grand jury returns an indictment, the District Court complaint is dismissed and the case moves to the Superior Court.

1. Arrest or clerk-magistrate hearing. If you were not arrested and the charge is a misdemeanor, M.G.L. c. 218, § 35A gives you the right to be heard, in person or through a lawyer, before a complaint issues. The clerk-magistrate decides whether there is probable cause. The hearing can be skipped when there is an imminent threat of bodily injury, of a crime, or of flight from Massachusetts.
2. Arraignment. This is your first court date. The charges are read and a not guilty plea is often entered for you. A lawyer is appointed if you face possible jail and cannot afford one. Under M.G.L. c. 276, § 58, you are released on personal recognizance unless the court finds that release will not reasonably assure your appearance. Any bail must be set no higher than needed for that purpose, with your finances taken into account.
3. Dangerousness hearing. For listed charges, the prosecutor can move under M.G.L. c. 276, § 58A to hold you before trial or release you on conditions. The hearing is held at your first appearance unless either side asks for a short continuance.
4. Pretrial conference and pretrial hearing. The prosecutor and defense lawyer discuss discovery, whether the case can be resolved without a trial, and a trial date. They file a conference report with the court.
5. Motions. Issues the two sides cannot agree on, such as discovery disputes or challenges to evidence, are raised by pretrial motion.
6. Trial or resolution. The case ends in a trial before a judge or jury, a dismissal, a plea, or another disposition such as a continuance without a finding.

Pleas. Pleas in the District Court and the Boston Municipal Court are governed by M.G.L. c. 278, § 18. You plead not guilty, guilty, or, with the court's consent, nolo contendere. If you and the prosecutor cannot agree on a sentence, you may tender a guilty plea with a request for a specific disposition. That request can include a continuance without a finding. If the judge will not accept your request, you have the right to withdraw the plea. An admission to sufficient facts is treated as a tender of a guilty plea.

Before your first court date. A case cannot be resolved at arraignment unless you agree. Some people are offered a quick resolution that day. Before you accept anything, talk to a lawyer about consequences outside the criminal case, such as deportation, loss of public housing benefits, and student loan eligibility. Plan to spend at least three hours at court for an arraignment, and bring every paper you have about the case.

These are the procedures Massachusetts clients ask about most. Each has its own explainer.

Show cause hearings. A person accused of a misdemeanor who was not arrested usually gets a hearing before a clerk-magistrate first, under M.G.L. c. 218, § 35A. If the magistrate finds no probable cause, no complaint issues and no criminal case begins. Our Massachusetts show cause hearing guide explains how to prepare.

Dangerousness hearings. For certain charges, a prosecutor can ask a judge under M.G.L. c. 276, § 58A to hold you before trial because releasing you would endanger others. Detention requires clear and convincing evidence that no conditions of release will assure safety. Absent good cause, detention is limited to 120 days in the District Court or 180 days in the Superior Court. See our Massachusetts dangerousness hearing page.

Continued without a finding (CWOF). Under M.G.L. c. 278, § 18, you can admit to sufficient facts and ask the court to continue the case without a guilty finding. If you meet the conditions by the set date, the case is dismissed. It is not a conviction, but it counts as a prior in OUI cases and can count as a conviction for immigration purposes. See continued without a finding in Massachusetts.

Sealing a criminal record. Under M.G.L. c. 276, § 100A, you can ask the Commissioner of Probation to seal a record. For a misdemeanor, the court appearance and disposition, including any period of incarceration or custody, must have occurred not less than 3 years before the request. For a felony record, the period is not less than 7 years. You must have no guilty finding in Massachusetts within that same period, apart from motor vehicle offenses with a fine of $50 or less. With a sealed record you may answer "no record" on an application for employment, housing or an occupational or professional license. Not-guilty findings, no bills and no-probable-cause findings are sealed under § 100C. See sealing a criminal record in Massachusetts.

Probation. With your consent, a court may place you on probation before trial and before any plea, or after a guilty finding (M.G.L. c. 276, § 87). Pretrial probation is one way some cases are resolved without an admission. If a violation is alleged later, the notice and the original conditions are the first things to review.

OUI. Operating under the influence is charged under M.G.L. c. 90, § 24. A first offense may be resolved under the § 24D program if you consent. Massachusetts counts prior OUI convictions and alcohol program assignments from any jurisdiction, with no time limit. See our Massachusetts OUI defense page for the penalties and license consequences.

Compare pretrial probation in Massachusetts with a CWOF before discussing a disposition. For record clearing, the Massachusetts expungement guide explains the separate petition routes alongside sealing.

The statutory maximums below come from the Massachusetts General Laws. Whether a charge is a felony depends on whether state prison is a possible sentence (c. 274, § 1). A judge decides the actual sentence within the limits.

A first drug possession charge has its own path. Under c. 94C, § 34, a first offender whose case is continued without a finding, or who is placed on probation, can earn a dismissal. On completion the case is dismissed and the record sealed. A first marijuana or Class E possession charge is placed on probation unless you decline or the court states its reasons in writing. On completion it is dismissed and the record sealed.

For an assault and battery charge, our post on assault and battery court papers in Massachusetts lists what to gather. If a CWOF violation is alleged, keep the notice with the original conditions and review our CWOF probation violation notice guide.

Read the separate guides to Massachusetts assault and battery charges, 209A restraining-order violations, Massachusetts drug charges and Massachusetts gun charges for the allegations and records to review with counsel.

State criminal cases are prosecuted by district attorneys. Massachusetts law divides the state into 11 districts for this purpose. Most follow county lines, but a few combine counties.

The Attorney General's office can also bring some state cases. Federal crimes are prosecuted by the U.S. Attorney for the District of Massachusetts, who is appointed for the district and prosecutes offenses against the United States there.

Each guide explains what the court handles and what to expect when you go. The District Court guides cover the courts closest to Rhode Island, and the Superior Court guides cover the counties where felony cases from those courts are tried.

If you live in Rhode Island and are charged in Massachusetts, expect different words and different procedures. These are the differences people notice first.

Our Rhode Island criminal defense page covers the Rhode Island side of each of these.

Lisa DiLibero, Esq., is admitted in Massachusetts and handles the firm's Massachusetts matters. Dylan C. DiLibero, Esq., is admitted in Massachusetts and in the U.S. District Court for the District of Massachusetts and the U.S. Court of Appeals for the First Circuit.

Our office is at 130 Dorrance Street in Providence, a short drive from the Attleboro, Taunton, Fall River and New Bedford courts. The firm has been in downtown Providence since 1999. We also handle civil and injury claims that arise in Massachusetts.

Bring the complaint or summons, any clerk-magistrate hearing notice, the police report if you have it, your bail papers, and any 209A order. If you received a show cause hearing notice, the date on it is the one that matters most. No case exists until the magistrate decides, and that hearing is an early chance to end the matter before it starts.